Circular No. 38/2009/TT-BXD guiding the management and use of villa houses in urban areas

CIRCULAR

Guidelines for the Management and Use of Detached Houses in Urban Areas

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WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 90/2006/NĐ-CP dated September 6, 2006, of the Government detailing and guiding the implementation of the Law on Housing;

Pursuant to Decree No. 29/2007/NĐ-CP dated February 27, 2007, of the Government on urban architectural management;

The Ministry of Construction hereby provides guidelines for the management and use of detached houses in urban areas as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars regulate the management and use of detached houses in urban areas, including those that have been repaired or renovated.

Article 2. Applicability

The subjects covered include owners and users of detached houses; individuals and organizations related to the management and use of detached houses.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. "Detached house in urban area" means a separate residential building (or originally a residential building now used for other purposes) with a garden, fence, and private entrance, having no more than three main floors (excluding attic stairs, attic, and basement floors), with at least three sides of the building facing the garden or yard, and with construction area not exceeding 50% of the land plot area, identified as a functional zone in the detailed urban planning approved by competent authorities.

2. "State-owned detached house" means a detached house managed by state agencies (created using state budget funds or other sources of ownership transferred to state ownership according to the law), allocated for lease for residence, official housing, or other purposes as prescribed by law.

3"Management unit of state-owned detached house" means an organization entrusted by competent authorities with the responsibility to manage the state-owned detached house fund within their jurisdiction.

4"Owner of detached house" means an individual or organization legally owning all or part of a detached house.

5. "User of detached house" means an individual or organization legally using a detached house.

6. "Private ownership portion" in a detached house refers to the area under the exclusive ownership of each owner in a multi-owner detached house, including:

a) The interior area of each room in the detached house, including balconies and terraces attached to the room;

b) Other areas within the detached house premises recognized as private ownership according to the law;

c) Individual technical equipment systems attached to the privately owned area of the detached house.

7. "Common ownership portion" in a multi-owner detached house includes:

a) The remaining area outside the private ownership portion of the detached house as defined in Clause 6 of this Article;

b) Space and common structural load-bearing elements, technical equipment systems in the detached house, including load-bearing walls, perimeter walls of the house, partition walls between rooms, floors, common staircases, yards, gardens, walkways, common corridors, common bathrooms, shared technical infrastructure systems, and other portions not included in private ownership within the detached house;

c) External technical infrastructure systems located within the premises of the detached house.

Chapter II

MANAGEMENT AND USE OF DETACHED HOUSES

Section 1. GENERAL PRINCIPLES FOR THE MANAGEMENT AND USE OF DETACHED HOUSES; RESPONSIBILITIES OF MANAGEMENT AUTHORITIES, OWNERS, USERS OF DETACHED HOUSES; PROHIBITED ACTIVITIES IN THE USE OF DETACHED HOUSES

Article 4. General Principles

Detached houses must be managed and used in accordance with the following principles:

1. Management of detached houses must comply with legal provisions on planning, architecture, housing laws, and this Circular. For areas without detailed urban planning, when developing such plans, detached houses classified as Group 1 and Group 2 according to points a and b of Clause 2 of this Article must be included in the planning for management; for areas with existing detailed urban planning containing detached houses classified as Group 1 and Group 2 according to points a and b of Clause 2 of this Article, these houses must be added to the planning for management.

2. Detached houses are categorized as follows:

a) Group 1 detached houses are those attached to historical-cultural relics ranked according to cultural heritage laws; detached houses with typical architectural value determined by provincial-level construction-architecture and culture authorities, listed, and submitted to provincial people's committees for approval;

b) Group 2 detached houses are those not classified as Group 1 but with architectural value determined by provincial-level construction-architecture authorities, listed, and submitted to provincial people's committees for approval;

c) Group 3 detached houses are those not classified as Group 1 or Group 2.

3. For residential buildings that do not meet one of the requirements regarding height or construction density but satisfy all other requirements stipulated in Clause 1 of Article 3 of this Circular and are attached to historical-cultural relics or have architectural value, provincial people's committees may consider including them in the list of Group 1 or Group 2 detached houses as specified in point a or b of Clause 2 of this Article for management according to this Circular.

4. Management and use of detached houses must comply with regulations for each group of detached houses as follows:

a) For Group 1 detached houses, the original architectural style, appearance, and planning (construction density, number of floors, and height) must be maintained; for detached houses attached to ranked historical-cultural relics, management and use must comply with cultural heritage laws;

b) For Group 2 detached houses, the exterior architectural style and planning (construction density, number of floors, and height) must be maintained.

5. State-owned detached houses must be managed in accordance with regulations governing state-owned housing and state assets.

6. Official housing detached houses must be managed in accordance with laws on official housing management.

7. Encouragement is given for population dispersal in detached houses with multiple households; renovation and restoration of architectural styles are encouraged for detached houses that have deteriorated.

Article 5. Responsibilities of the unit managing state-owned villa funds

1. Implement management and utilization of state-owned villa funds in accordance with the provisions of this Circular and relevant laws on urban architectural management, state-owned asset management, and official housing management; conduct statistics and reviews of state-owned villa funds to monitor and manage them, avoiding omissions that could lead to losses and wastage;

2. Notify and guide users of villas to comply with management and utilization regulations stipulated in this Circular;

3. Carry out maintenance for the villa fund under their management. In cases where maintenance is entrusted to villa users, inspections and supervision must be conducted to ensure compliance with legal provisions on construction project maintenance; coordinate and cooperate with greenery management agencies in compiling lists and planning for the protection, management, and care of ancient trees within the villa premises they manage;

4. Develop plans for the exploitation and utilization of state-owned villa funds to ensure efficiency and avoid wastage, to be submitted to competent authorities for approval before implementation;

5. Regularly inspect and promptly identify violations in the management and utilization of state-owned villas, and coordinate with competent state agencies to handle such violations;

Article 6. Responsibilities of the owner of the villa

1. Fully implement the principles set forth in Clause 4, Article 4 of this Circular; comply with the provisions of Articles 9 and 10 of this Circular;

2. Carry out maintenance for the villa or the owner's separate share in multi-owner villas; contribute fully and on time the funding for common area maintenance in the villa;

3. Perform or contribute funding for cleaning, caring for plants, and maintaining lawns within the villa premises; protect ancient trees within the villa premises and contact greenery management agencies to include these trees in the list for protection, management, and care according to regulations;

4. Facilitate conditions for those responsible for maintaining the common areas in the villa;

5. Comply with regulations on fire prevention and extinguishing, public hygiene, and security and public order;

6. Restore the original condition or compensate for damage caused to common areas or another owner's separate share in the villa due to their own actions;

7. Promptly detect and report violations of villa management and utilization regulations to competent authorities;

8. Shall not engage in prohibited acts as stipulated in Article 8 of this Circular;

Article 7. Responsibilities of non-owner villa users

1. Comply with the provisions of Clauses 1, 4, 5, 6, 7, and 8 of Article 6 of this Circular;

2. Carry out plant care and lawn maintenance within the villa premises if agreed upon with the owner;

3. Only undertake repairs and renovations of the villa after obtaining consent from the owner or the villa management unit (in cases where the villa is state-owned).

Article 8. Prohibited acts in the management and use of villa houses

1. Unauthorized demolition or renovation that changes the planning (building density, number of floors and height), architectural style, and original appearance for Group 1 villas;

2. Unauthorized demolition or renovation that changes the planning (building density, number of floors and height), exterior architectural style for Group 2 villas;

3. Expanding, occupying areas, spaces, or damaging assets belonging to common ownership or common use within villa houses under any form; unauthorized drilling, renovation, dismantling, or changing load-bearing structures, technical infrastructure systems, commonly used equipment, and exterior architecture of villa houses; altering the structure and design of private ownership or private use parts of villa houses;

4. Dividing or converting common ownership or common use parts within villa houses contrary to regulations;

5. Causing noise beyond prescribed levels; affecting the order and security of villa houses;

6. Dumping waste, sewage, exhaust gases, harmful substances indiscriminately; causing seepage, leakage, environmental pollution;

7. Advertising, writing, or drawing in violation of regulations or engaging in other acts prohibited by law;

8. Using or allowing others to use private ownership or private use parts contrary to prescribed purposes;

9. Raising livestock or poultry in areas belonging to common ownership or common use within villa houses; raising livestock or poultry in areas of private ownership or private use that affect the order, aesthetics, and living environment of other households and public areas (if keeping ornamental animals, must comply with legal regulations);

10. Operating businesses involving flammable and explosive goods (welding, gas, explosives, and other dangerous businesses);

11. Operating services that cause noise or environmental pollution (dance halls, motorcycle and car repair shops, slaughterhouses, and other polluting activities);

12. Unauthorized removal of ancient trees within the villa house premises.

Section 2. MAINTENANCE, RENOVATION AND RECONSTRUCTION OF VILLA HOUSES; MANAGEMENT FILES OF VILLA HOUSES

Article 9. Maintenance of villa houses

1. The maintenance of villa houses shall be carried out in accordance with legal provisions on construction project maintenance; for villa houses attached to historical-cultural relics, maintenance must comply with legal regulations on repairing, preserving, and restoring relics concerning the preservation, restoration, and recovery of historical-cultural relics and scenic spots.

2. Villa house owners and management units are responsible for maintaining villa houses. In cases where users are not owners wishing to maintain their private ownership parts, they must obtain written consent from the owner.

For villa houses with multiple owners, each owner is responsible for maintaining their private ownership parts and contributing maintenance funds for the common ownership parts of the villa house to the representative of the owners in the villa house according to the agreement among the owners; if there is no agreement, the funds will be allocated proportionally based on the area of private ownership of each owner.

3. Maintenance of villa houses (including Group 1, Group 2, and Group 3 villas) must ensure compliance with the provisions of this Circular, laws on planning management, architecture, and housing.

In cases where maintenance involves color or material changes for Group 1 villas, approval from the provincial People's Committee is required after receiving comments from the provincial construction-architecture management agency and cultural management agency.

4. Maintenance of villa houses must ensure safety for people and property and maintain environmental hygiene.

Article 10. Renovation and Reconstruction of Villa Houses

The renovation and reconstruction of villa houses (including Group 1, Group 2, and Group 3 villas) shall be carried out in accordance with the laws on construction, planning, and architectural management. For Group 1 and Group 2 villas, in addition to complying with the above regulations, when renovating or reconstructing, the following provisions must also be ensured:

1. Regarding Group 1 villas:

a) When renovating, the original function and nature of use of the villa house shall not be changed;

b) Demolition of the villa house shall not be carried out (except in cases where the villa is damaged, deteriorated, and at risk of collapse, with a conclusion from the competent authority on the quality inspection of the construction project). In case demolition is necessary, when reconstructing, it must ensure the preservation of the original architectural style, appearance, and compliance with the planning (building density, number of floors, and height) of the old villa;

c) For villa houses attached to historical-cultural relics, the renovation and reconstruction must comply with the principles of the laws on the preservation, repair, and restoration of historical-cultural relics and scenic spots;

d) No additional structures using any material shall be added to increase the area or expand the space;

đ) Different materials shall not be used to replace the original materials of the villa house. If different colors, materials, or changes in the function of the villa house are used, approval from the provincial People's Committee must be obtained after receiving comments from the provincial construction-architecture management agency and cultural management agency;

2. Regarding Group 2 villas:

a) When renovating, the external architectural style must be preserved;

b) Demolition can only be carried out if the villa is damaged, deteriorated, and at risk of collapse, with a conclusion from the competent authority on the quality inspection of the construction project, or if approved by the district People's Committee after receiving comments from the district construction-architecture management agency; when reconstructing, the external architectural style must be preserved and comply with the planning (correct building density, number of floors, and height);

Article 11. Management Files for Villa Houses

1. The owner of the villa house, the management unit of the villa house, or the person currently using the villa house in cases where the owner has not been identified shall be responsible for establishing, storing, and submitting a copy of the villa house file to the provincial housing management agency (for Group 1 and Group 2 villas) or the district housing management agency (for Group 3 villas);

For villa houses attached to historical-cultural relics, in addition to submitting the villa house file according to the aforementioned regulations, they must also submit the file to the local authority responsible for managing the preservation of historical-cultural relics;

2. The villa house files shall be established in accordance with Clause 3, Article 66 of the Law on Housing and accompanied by photographs clearly showing the exterior of the villa house;

3. The agency managing the villa house files shall be responsible for providing villa house documents to relevant agencies upon request;

Chapter III

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 12. Resolution of Disputes

1. Disputes related to ownership of villa houses shall be resolved by the Court;

2. Disputes regarding the right to use villa houses owned by the state shall be resolved by the provincial housing management agency;

3. Civil contract disputes arising during the management and use of villa houses in accordance with this Circular shall be handled in accordance with the laws on civil contracts;

Article 13. Handling Violations

1. Handling violations of this Circular shall be carried out in accordance with the laws on handling violations in the management and use of houses, planning, and architecture;

2. Those who abuse their positions or powers to violate regulations on the management and use of villa houses shall be administratively punished or criminally prosecuted depending on the severity of the violation. If the violator causes material damage, they must compensate;

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 14. Responsibilities of the People's Committee of Provinces

1. Issuing relevant regulations on the management of villa houses within the jurisdiction in accordance with this Circular to suit the actual situation of the locality;

2. Organizing guidance for relevant agencies to study and issue and widely publicize the list of villa houses within the jurisdiction as stipulated in points a and b, Clause 2, Article 4 of this Circular to serve as a basis for the management and use of villa houses;

3. Issuing mechanisms to encourage organizations and individuals to participate in maintaining and restoring Group 1 and Group 2 villas as stipulated in point a and point b, Clause 2, Article 4 of this Circular; repairing and renovating villa houses that have been deformed to restore their original architectural style; annually summarizing and evaluating the implementation of the management and use of villa houses within the jurisdiction and reporting to the Ministry of Construction;

4. Awarding commendations and handling violations within the scope of authority.

Article 15. Responsibilities of the Construction Department

1. Assist the provincial People's Committee in performing state management functions regarding the management of villa houses within its jurisdiction; take the lead and coordinate with relevant agencies to determine the list of villas belonging to Group 1 and Group 2 as prescribed in points a and b, Clause 2, Article 4 of this Circular for approval by the provincial People's Committee.

2. Guide units managing state-owned villa house funds to inventory and review state-owned villa houses within their jurisdiction and develop plans for utilizing state-owned villa house funds effectively, avoiding waste, before submitting them to the provincial People's Committee for approval prior to implementation.

3. Closely coordinate with relevant agencies in inspecting and urging the implementation of this Circular within their jurisdiction.

4. Report annually to the provincial People's Committee and the Ministry of Construction on the situation of villa house management and usage within their jurisdiction.

Article 16. Responsibilities of the Real Estate Management and Market Agency

1. Take the lead and coordinate with relevant functional agencies to guide and implement this Circular;

2. Compile feedback from relevant agencies on issues encountered and study and propose amendments and supplements to this Circular as necessary;

3. Coordinate with local functional agencies and related organizations and individuals to organize training on villa house management and usage nationwide.

Article 17. Effective Date

1. This Circular takes effect from January 22, 2010.

2. In case difficulties or obstacles arise during implementation, timely feedback should be provided to the Ministry of Construction for consideration and appropriate amendment and supplementation./.